Request for your advice
RajeshKumar
(Querist) 14 December 2011
This query is : Resolved
Dear all,
Suppose a person dies who has made his will and the will is duly registered. He has 2 sons and 2 daughters. The father has divided his property between his two sons only and the daughters were excluded.
Now when the sons have applied for the probate with the high court, the daughter have raised their objection and claims that they should also get 25% of the share each.
Under such circumstances what is the best way for the sons to deal with such things. What is the best way to handle things under such circumstances?
Any valuable piece of advice in this regard is highly appreciated.
Thanks in advance.
Regards,
Rajesh
ajay sethi
(Expert) 14 December 2011
fathercan by will bequeath hisself acquired property to whom soever he deems fit .
father must have some reasons not to bequeath his property to his daughters .
you have applied for probate of the will .
if will is genuine duly signed by testator and attested by 2 witnesses you should not have any problem .
if you so desire you can give your sisters equal share in the property to avoid bitterness in the family
R.Ramachandran
(Expert) 14 December 2011
Dear Mr. Rajesh,
I agree with the views of Mr. Sethi.
In addition, while registered will weighs in favour of the beneficiaries, still if allegations are levelled as to how the WILL was procured, the age and mental ability of the person granting the WILL, the circumstances in which he was forced to grant the WILL etc., will also be considered before granting probate. Therefore, there can be no straight jacket formula in those cases.
ashutosh mishra
(Expert) 14 December 2011
Yes!there can be no straight jacket formula in those cases.The propounder of will has to remove all doubts cast on the will.
Guest
(Expert) 15 December 2011
Agree with the experts.
Shailesh Kumar Shah
(Expert) 17 December 2011
It seems that query is imaginary. Author said that "when the sons have applied for the probate with the high court"?????
